Entitlement to service connection for sinusitis (to include as a result to particulate matter exposure) is granted.

Citation Nr: A26069945 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 220630-255143 DATE: July 30, 2026 ORDER Entitlement to service connection for sinusitis (to include as a result to particulate matter exposure) is granted. REMANDED Entitlement to a disability evaluation in excess of 10 percent for irritable bowel syndrome (IBS) is remanded. FINDING OF FACT The Veteran is shown to have qualifying service in Kuwait during the Persian Gulf War and to have chronic sinusitis that manifested within 10 years of the date of separation from active-duty service. CONCLUSION OF LAW The criteria for entitlement to service connection for chronic sinusitis have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.317, 3.320. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from August 1989 to August 1993. The Appeals Modernization Act (AMA) creates a new framework for Veterans dissatisfied with VA's decision on their claim to seek review. The AMA became effective on February 19, 2019. The AMA modernized review system applies to all claims for which VA issues a notice of an initial decision on or after the February 19, 2019 effective date of the modernized review system. These matters come before the Board of Veterans' Appeals (Board) on appeal from a March 2022 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In the June 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), the Veteran elected the hearing lane option therefore, the Board may only consider the evidence received up to the date of the rating decision and evidence received within 90 days of the date of the hearing. On October 29, 2025, the Veteran's representative provided a written notice of withdrawal of the Veteran's hearing. Thus, the Board will proceed with the evidence of record as of the rating decision on appeal and within 90 days of the written withdrawal. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38?U.S.C. §?1110; 38?C.F.R. §?3.303(a). To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service-the so-called "nexus" requirement. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009) (quoting Shedden v. Principi, 38 F.3d 1163, 1167 (Fed. Cir. 2004)). The absence of any one element will result in the denial of service connection. 1. Entitlement to service connection for sinusitis (to include as a result to particulate matter exposure) is granted. The Veteran contends that he has sinusitis related to his active-duty service. The Board finds the elements of service connection have not been met. With respect to current disability, the Veteran was diagnosed with chronic sinusitis in a February 2022 VA examination. Accordingly, the Board finds the Veteran has a current disability. With respect to in-service incurrence, the March 2022 rating decision made a favorable finding that the Veteran was seen for sinus congestion in March 1993, while on active-duty service. Additionally, the AOJ found that the Veteran was exposed to burn pits during his military service in Kuwait. The Board is bound by these favorable findings. 38 U.S.C. § 5104(b)(4); 5104A; 38 C.F.R. § 20.801(a). Under 38 C.F.R. § 3.320, for veterans with qualifying service in the Southwest Asia theater of operations during the Persian Gulf War, which includes Kuwait, service connection may be presumed for certain listed chronic diseases associated with exposure to fine, particulate matter, which listed diseases include: asthma, rhinitis, and sinusitis (to include rhinosinusitis). Service connection may be presumed under 38 C.F.R. § 3.320 even though there is no evidence of a listed disease during the period of service if it becomes manifest to any degree (including noncompensable) within 10 years from the date of separation. Exposure to fine, particulate matter shall be presumed under 38 C.F.R. § 3.320 for veterans with qualifying service in the Southwest Asia theater of operations during the Persian Gulf War. In this case, the AOJ made a favorable finding AOJ made a favorable finding that the Veteran had qualifying service in Kuwait, and the Veteran's private treatment records indicate a diagnosis of sinusitis in 2001, within 10 years of his separation from service. Therefore, the Board finds that service connection for sinusitis should be presumed under 38 C.F.R. § 3.320, and the claim is granted. REASONS FOR REMAND Under the AMA, the Board must remand a claim to correct an error by AOJ to satisfy its duty to assist the Veteran under 38?U.S.C. §?5103A, if the error occurred prior to the AOJ decision on appeal. 38?U.S.C. §?5103A (f)(2)(A); 38?C.F.R. §?20.802 (a). The Board may also remand a claim to correct any other AOJ error "in satisfying a regulatory or statutory duty, if correction of the error would have a reasonable possibility of aiding in substantiating" the claim. 38?C.F.R. §?20.802 (a). 1. Entitlement to a disability evaluation in excess of 10 percent for irritable bowel syndrome (IBS) is remanded. The Veteran was afforded a VA examination for his IBS in February 2022 to assess the nature and severity of his IBS. The examiner noted that the Veteran had symptoms of alternating diarrhea and constipation, abdominal distension, and nausea; however, the examiner found the Veteran did not have episodes of bowel disturbance with abdominal distress. This finding is inconsistent with the evidence of record. VA treatment records from September 2021 indicate that the Veteran's IBS had worsened, and the Veteran reported explosive diarrhea and bowel accidents, as well as gas and bloating, but the VA treatment records do indicate a frequency or severity of the Veteran's symptoms. As the VA examiner did not address the Veteran's reported symptoms of bowel disturbances, the Board finds the examination is inadequate for rating purposes. The inadequacy of the examination is a pre-decisional duty to assist error and remand is warranted to obtain a VA examination that address the frequency and severity of the Veteran's symptoms. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature, onset, and etiology of his cervical spine disability. Any and all studies, tests, and evaluations deemed necessary by the examiners should be performed. The Veteran is competent to attest to observable events and symptomatology and such reports must be acknowledged and considered in formulating any opinion. If the Veteran's reports are discounted, the examiner should provide a reason for doing so. The examiners should address the following: (a.) The examiner should report all signs and symptoms necessary for rating the Veteran's disabilities under the rating criteria. (b.) The examiner must address the Veteran's insomnia, erectile dysfunction, and anxiety diagnoses and provide separate examinations if warranted. 2. Then, re-adjudicate the claim. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Risley, H The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.